Who are foreign workers? How regulation applies to post grad visa holders?

[VedSaumya]

Hi all,

This could be a layman question, but thought to get clear idea on it.

My understanding is that someone in a post graduate work visa and his/her partner (with partnership based work visa) are not foreign workers for recruitment purpose.

But if an individuals post graduate work visa is expiring, the person now (one new regulation comes in) needs to obtain a temporary work visa. For recruitment purpose, this will be regarded as recruitment of foreign workers and so the new regulation applies. They will have to leave the country if the employer is not accredited and cannot fulfill the requirement of hiring foreign worker. The only option left would be to get a student visa or sort out residency (if lucky) before post graduate work visa expires.

Please correct me if Iam wrong.

Thanks
Saumya

[JandM]

The only temporary work visas which are changing in the very near future are the Silver Fern Job Search Visa (no more are being issued), and the Talent (Accredited Employer) Work Visa (from 7th October, there will be new conditions for these - see several threads already on the forum, and the INZ website, for exact details).

The people in your example are entitled to take employment in accordance with their visas while the visas are still valid. If the visas expire before they have managed to qualify for a different visa, they will be illegally in NZ and will have to leave. But all the same temporary work visas are at the moment available, except for the ones mentioned above. The requirement for ALL employers to be accredited has NOT yet come in - it will be being introduced gradually, over the next eighteen months.

[dreamnz2019]

Is there a pathway for residence if the new temporary work visa implemented? Any salary requirements?

[JandM]

See these links. There (and on other links off those pages) you will find everything that INZ have announced so far. https://www.immigration.govt.nz/abou...rs-and-workers
https://www.immigration.govt.nz/abou...ary-work-visas
https://www.immigration.govt.nz/abou...oyer-work-visa

[dreamnz2019]

Since the income requirements increased significantly from 55k to 79k per annum, it would be very hard for someone on new temporary visa to gain residency. Is the SMC is a good option for pathway to residency? Is it not affected by the changes?

[JandM]

No changes have been announced, so far, though the queues are running very slowly.

[dreamnz2019]

Thanks JandM